[2022] KEHC 11157 (KLR)
The court found that the Citor had demonstrated, through documentary evidence and affidavits of service, that the Citees were properly served but failed to respond or participate in the administration of the estate. In the absence of any opposition and given the Citor's beneficial interest as a daughter of the...
Source-derived case information.
- Citation
- [2022] KEHC 11157 (KLR)
- Parties
- Applicant: Bensy Chepkemboi; Respondent: Caroline Cherono; Respondent: Josephine Ngeno
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E003 of 2021
- Procedural Posture
- Succession Cause / Ruling on Citation Application
- Outcome
- citation allowed; applicant at liberty to file succession cause
- Judges
- RL Korir
- Legal Topics
- Probate and Administration, Letters of Administration, Beneficiaries Rights, Citation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bensy Chepkemboi
Applicant
Caroline Cherono
Respondent
Josephine Ngeno
Respondent
Procedural Posture
Succession Cause / Ruling on Citation Application
Legal Issues
- 1 Whether the Citees have refused or neglected to take out Letters of Administration for the estate of Kiprotich Arap Ngeno.
- 2 Whether the Citor is entitled to seek a grant of Letters of Administration in the absence of action by the Citees.
Ratio Decidendi
The court found that the Citor had demonstrated, through documentary evidence and affidavits of service, that the Citees were properly served but failed to respond or participate in the administration of the estate. In the absence of any opposition and given the Citor's beneficial interest as a daughter of the deceased, the court held that she was entitled to proceed with the administration of the estate. The court relied on Rule 22(1) of the Probate and Administration Rules, which allows a person entitled to a grant to seek a citation where others fail to act. The court therefore allowed the Citation and granted the Citor liberty to file a Succession Cause for the estate.
Court Disposition
citation allowed; applicant at liberty to file succession cause
Orders
- The Citation dated 26th July 2021 is allowed.
- The Citor is at liberty to file a Succession Cause in respect of the estate of Kiprotich Arap Ngeno.
Full Case Text
Judgment text and source record
28 paragraphs
In re Estate of Kiprotich Arap Ngeno (Deceased) (Succession Cause E003 of 2021) [2022] KEHC 11157 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11157 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause E003 of 2021
RL Korir, J
July 29, 2022
Between
Bensy Chepkemboi
Citor
and
Caroline Cherono
1st Citee
Josephine Ngeno
2nd Citee
Ruling
1. The Citor herein filed a Citation dated 26th July 2021that sought an order seeking the two Citees herein, Caroline Cherono and Josephine Ngeno to enter an appearance and thereafter accept or refuse Letters of Administration of all the estate of Kiprotich Arap Ngeno or show cause why the same should not be granted to Bensy Chepkemoi and Kipkosgei Rotich.
2. The Citor’s case was that the deceased died on 11th November 2003 leaving behind an estate that comprised of Kericho/itembe/371. It was her further case that together with the Deceased’s family members, they have lived on the aforementioned parcel of land. That the family members were:-i.Caroline Cherono Ngeno (daughter to the deceased)ii.Emily Chepngeno Ruto (daughter of the deceased)iii.Josephat Rono (grandson to the deceased)iv.Bernard Rono (grandson to the deceased)v.Milka Chepkoech (granddaughter to the deceased)vi.Aaron Rono (grandson to the deceased)vii.Gideon Rono (grandson to the deceased)viii.Collins Rono (grandson to the deceased)ix.Bensy Chepkemoi (daughter of the deceased)x.Josephine Ngeno (Adapted)xi.Taplelei Ngeno (widow)xii.Kipkosgei Arap Rotich (son of the deceased)
3. The Citor stated that Josephine Ngeno who was her step mother and Caroline Cherono who was her step sister were not willing to jointly administer the deceased’s estate with the rest of the family. That her efforts to reach them to have a discussion on the administration of the estate have bore no fruit.
4. I have considered the Citor’s Application dated 26th July 2021 together with the supporting affidavit and I have noted that the two Citees were properly served with the said Application. There is an Affidavit of Service on record sworn by Paul Kiplimo Kogo on 9th November stating that the 2 Citees were served in person.
5. There is also an Affidavit of Service sworn by Wesley Kiprotich Ngeno stating that the two Citees were served with a Mention Notice to attend court on 10th February 2022. The two Citees did not attend court.
6. On 10th February 2022, this court ordered the Citor to serve Summons to Caroline Cherono, Josephine Ngeno, Emily Chepngeno, Nicholas Kibet, Gladys Cherono and Nancy Cherotich. There is an Affidavit of Service on record sworn by Wesley Kiprotich Ngeno on 25th July 2022 indicating that the aforementioned people were served with the Summons on 22nd July 2022. The Summons were not heeded as the Citees failed to attend court on the scheduled date of 25th July 2022.
7. The Citor attached a Certificate of Official Search on land number Kericho/itembe/371. The Search indicated that Kiprotich Arap Ngeno (deceased) was the registered owner of the aforementioned parcel of land. This then made the Citor and Kipkosgei Rotich beneficiaries of the estate of the deceased by virtue of being the daughter and son respectively of Kiprotich Arap Ngeno.
8. Rule 22 (1) of the Probate and Administration Rules provides that:-A citation may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto.It is therefore clear that all beneficiaries have an equal right to the estate of a deceased save for the express wishes of the deceased. In this case, the Citor has satisfactorily demonstrated to this court that the Citees have refused to take out Letters of Administration.
9. In the absence of any opposition to the Citation and the Citor having produced documentary evidence to show her beneficial interest in the estate, I find in favour of the Citor.
10. The Citation dated 26th July 2021 is allowed. The Citor is at liberty to file a Succession Cause in respect of the estate of Kiprotich Arap Ngeno.
Orders accordingly.
RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 29TH DAY OF JULY, 2022. ..........................R. LAGAT-KORIRJUDGERuling delivered in the presence of Bensy Chepkemoi (Citor) acting in person and Kiprotich (Court Assistant)